F. Shih v. JP Morgan Chase Bank, NA

Filing 61

MEMORANDUM OPINION AND ORDER re: 56 MOTION for Reconsideration re: 54 Memorandum & Opinion. MOTION for Reconsideration. filed by Yuh-Rong F. Shih. The Court has considered all of the arguments of the parties. To the extent not specifically addr essed above, the remaining arguments are either moot or without merit. For the foregoing reasons, the plaintiffs motion for relief is denied. The Clerk is directed to close this case and all pending motions. (Signed by Judge John G. Koeltl on 6/28/2013) (djc)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
───────────────────────────────────
YUH-RONG F. SHIH,
Plaintiff,
- against JPMORGAN CHASE BANK, N.A.,

10 Civ. 9020 (JGK)
MEMORANDUM OPINION
AND ORDER

Defendant.
───────────────────────────────────
JOHN G. KOELTL, District Judge:
The plaintiff moves, pursuant to Federal Rule of Civil
Procedure 60(b), for relief from the Court’s March 7, 2013
Memorandum Opinion and Order granting the defendant’s motion for
summary judgment.

See Shih v. JPMorgan Chase Bank, N.A., No. 10

Civ. 9020, 2013 WL 842716 (S.D.N.Y. Mar. 7, 2013).
Rule 60(b) sets forth the grounds on which a court, in its
discretion, can provide relief from a final judgment or order.
See Fed. R. Civ. P. 60(b); Nemaizer v. Baker, 793 F.2d 58, 61
(2d Cir. 1986).

Rule 60(b) allows a court to relieve a party

from a final judgment or order for, among other reasons,
“(1) mistake, inadvertence, surprise, or excusable neglect”;
“(3) fraud (whether previously called intrinsic or extrinsic),
misrepresentation, or misconduct by an opposing party”; and
“(6) any other reason that justifies relief.”
60(b).

Fed. R. Civ. P.

The Court’s prior Order is correct for the reasons stated
in the prior Opinion.

The plaintiff disagrees with the prior

Opinion, but fails to show that there is a basis for relief from
the prior Order.

Because the plaintiff has failed to meet the

standard for a motion for relief, the motion is denied.

CONCLUSION
The Court has considered all of the arguments of the
parties.

To the extent not specifically addressed above, the

remaining arguments are either moot or without merit.

For the

foregoing reasons, the plaintiff’s motion for relief is denied.
The Clerk is directed to close this case and all pending
motions.
SO ORDERED.
Dated:

New York, New York
June 28, 2013

__/s/_______________________
John G. Koeltl
United States District Judge

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